Reconsideration for UK visa refusal offers applicants a pathway to challenge decisions they believe were made in error. This comprehensive guide explains how to submit a reconsideration request to the Home Office, what to include in your letter, expected response times, and when this remedy is appropriate versus other legal options.
What is a Reconsideration Request for UK Visa Refusal?
A reconsideration request is a formal appeal to the Home Office asking them to review a previously made visa decision. Unlike a formal appeal or judicial review, reconsideration for UK visa refusal is an internal review process designed to address potential errors, oversights, or new evidence that should have been considered in the original decision-making process.
This pathway is crucial for applicants who believe their refusal was based on an oversight or misinterpretation of the facts. The process is governed by UK immigration laws and is outlined in the official Home Office guidance on reconsideration requests.
Eligibility for UK Visa Reconsideration Request
To qualify for reconsideration for UK visa refusal, you must be within the UK and believe that immigration rules or policies were not correctly applied. You cannot request reconsideration if you have a right of appeal, have submitted a new application, or have left the UK.
Not all visa decisions qualify for reconsideration. Understanding the specific eligibility criteria is essential before submitting your request to the Home Office.
Decisions Eligible for Reconsideration
- Transfer of Conditions (TOC/NTL): Errors in transferring visa conditions to a new Biometric Residence Permit
- Extension applications: Decisions on applications to extend leave where the outcome or dates are incorrect
- Switching applications: Decisions on applications to switch visa categories
- Settlement applications: Decisions on Indefinite Leave to Remain (ILR) applications
- New evidence cases: Where evidence was available before the decision but not considered
Decisions NOT Eligible for Reconsideration
- Existing appeal rights: If your decision letter provides a right of appeal or administrative review
- New application submitted: If you have already made a new application before or after the reconsideration request
- Left the UK: If you have departed the UK and your permission has expired
- Removed or deported: If you have been removed or deported from the UK
- Appeal rights exhausted: If you have already lost an appeal or judicial review on the same decision
- Visitor visa refusals: Entry clearance decisions made overseas are generally not eligible
For more information on appeal rights, see our guides on UK immigration appeals and administrative review.
Home Office Reconsideration Process
The Home Office reconsideration process involves submitting a written request within 14 days of the decision, providing new evidence or highlighting errors, and waiting for the Home Office to review and respond. The process is handled by the same team that made the original decision or a senior officer.
Understanding the Home Office reconsideration process helps you prepare an effective submission. The process follows specific steps from initial submission through to final decision.
Step-by-Step Reconsideration Process
- Step 1 - Review decision notice: Examine the refusal notice thoroughly to understand the specific reasons cited
- Step 2 - Gather evidence: Collect new evidence or documentation that addresses the refusal reasons
- Step 3 - Write your request: Prepare a formal letter clearly explaining why the decision was incorrect
- Step 4 - Submit within deadline: Send to the address on your decision letter within 14 days
- Step 5 - Initial verification: Home Office checks eligibility and deadline compliance
- Step 6 - Detailed assessment: New evidence is reviewed against the original decision
- Step 7 - Decision communicated: You receive written notification of the outcome
How to Write a Reconsideration Request
A reconsideration request letter should include your personal details, reference numbers, a clear statement of the error or new evidence, specific references to immigration rules that were incorrectly applied, and supporting documentation. Keep it concise, factual, and professional.
Knowing how to write a reconsideration request effectively can significantly impact your chances of success. Your letter must be clear, well-structured, and directly address the reasons for refusal.
Essential Elements of Your Request
- Your details: Full name, date of birth, nationality, and current UK address
- Reference numbers: Home Office reference, GWF number, and any case ID
- Decision details: Date of refusal and type of application refused
- Clear statement: Why you believe the decision was incorrect
- Immigration rule references: Specific paragraphs that were misapplied
- New evidence: Description of evidence that was not considered
- Supporting documents: Copies of all relevant evidence
Sample Letter of Reconsideration for Visa Application
Below is a template structure for your reconsideration request letter:
[Your Full Name]
[Your Address]
[Date]
To: [Address from Decision Letter]
Re: Reconsideration Request
Home Office Reference: [Your Reference]
Date of Birth: [DOB]
Nationality: [Nationality]
Dear Sir/Madam,
I write to request reconsideration of the decision dated [date] refusing my application for [visa type].
I believe this decision was made in error because [specific reason]. The decision stated that [quote refusal reason], however [explain why this is incorrect or what evidence was not considered].
I enclose the following evidence in support: [list documents]
I respectfully request that you reconsider this decision.
Yours faithfully,
[Your Signature and Name]
Reconsideration Request Response Time
The Home Office does not publish a standard response time for reconsideration requests. Most requests receive a response within 4-8 weeks, though complex cases may take longer. If you have not received a response after 8 weeks, you can contact the Home Office for an update.
Understanding reconsideration request response time helps you plan accordingly. Unlike formal appeals which have statutory deadlines, reconsideration is an administrative process without guaranteed timeframes.
If your reconsideration request is urgent due to circumstances such as employment, study, or travel, you should mention this in your cover letter. However, this does not guarantee faster processing.
Outcomes of UK Visa Reconsideration Requests
A reconsideration request can result in approval (decision overturned), denial (decision upheld), or refusal to supersede (request rejected as ineligible). If approved, you receive the visa originally denied. If denied, you may have other legal options depending on your circumstances.
Possible Outcomes
- Approval: The original decision is overturned and you are granted the visa or leave previously denied
- Partial approval: Some aspects of the decision are corrected (such as dates or conditions)
- Denial: The new evidence does not change the outcome and the original decision is upheld
- Refusal to supersede: The request is rejected as ineligible for reconsideration
Options After Denial
If your reconsideration is denied, you may have several options depending on your circumstances:
- Judicial review: Challenge the lawfulness of the decision-making process in court
- New application: Submit a fresh application if circumstances have changed or you can provide stronger evidence
- Legal consultation: Seek professional immigration advice to assess your options
For guidance on reapplying after refusal, see our article on chances of getting a visa after refusal and UK visa refusal reasons.
Reconsideration vs Other Legal Remedies
Reconsideration is an informal internal review for correcting errors. Appeals are formal tribunal hearings challenging legal interpretations. Judicial reviews assess whether the decision was made lawfully. Administrative reviews check if the decision was made correctly under the rules. Choose based on your decision letter and circumstances.
Your decision letter will indicate which remedies are available to you. If you have appeal rights or administrative review available, you generally cannot use reconsideration instead.
- Reconsideration for UK visa refusal must be submitted within 14 days of the decision
- You can only request reconsideration if you do not have appeal or administrative review rights
- New evidence must have existed before the original decision date to be considered
- Response times vary but typically take 4-8 weeks
- Keep copies of everything you submit and consider professional legal advice for complex cases
Frequently Asked Questions About Reconsideration for UK Visa Refusal
What is a reconsideration request?
A reconsideration request is a formal appeal to UK Visas and Immigration asking them to review a visa decision based on new evidence, correction of errors, or information that was available but not considered in the original decision. It is an internal administrative review, not a formal appeal to a tribunal.
How do I submit a reconsideration request to the Home Office?
Submit your reconsideration request in writing to the address provided on your decision letter within 14 days of receiving the decision. Include your personal details, reference numbers, a clear explanation of why the decision was incorrect, and any supporting evidence. Keep copies of everything you send.
What is the reconsideration request response time?
The Home Office does not publish a standard response time for reconsideration requests. Most requests receive a response within 4-8 weeks, though complex cases may take longer. If you have not heard back after 8 weeks, you can contact the Home Office for an update on your case.
What does refusal to supersede mean?
A refusal to supersede means the Home Office has decided not to overturn the original decision after considering your reconsideration request. This could be because the new evidence was insufficient, the request was ineligible for reconsideration, or the original decision was found to be correct. The original refusal stands.
Is reconsideration the same as an appeal?
No, reconsideration is not the same as an appeal. Reconsideration is an internal Home Office review process for correcting errors or considering new evidence. An appeal is a formal legal process heard by an independent tribunal where you can challenge the decision on legal grounds. You cannot choose reconsideration if you have appeal rights.
Can I stay in the UK while my reconsideration is processed?
A reconsideration request does not automatically give you the right to remain in the UK. Your immigration status depends on your current leave and the decision that was made. If your visa has expired, you may not have lawful status while awaiting the reconsideration outcome. Seek legal advice to understand your specific situation.
What should I do if my reconsideration request is denied?
If your reconsideration is denied, you may be able to pursue a judicial review if you believe the decision-making process was unlawful. Alternatively, you can submit a fresh application if your circumstances have changed or you have stronger evidence. Seek professional immigration advice to determine the best course of action for your specific case.
How do I write a reconsideration request letter?
Your reconsideration request letter should include your full name and contact details, Home Office reference numbers, date of the decision, a clear explanation of why the decision was incorrect, specific references to immigration rules that were misapplied, description of any new evidence, and copies of supporting documents. Keep the tone professional and factual.
For official guidance on reconsideration requests, visit the GOV.UK reconsideration requests page.